Colorado takes weapons laws very seriously and the penalties can be harsh. Whether it’s possessing illegal weapons, using weapons illegally, or being intoxicated with a firearm the consequences are severe. This guide will help you understand what’s considered an illegal weapon, the charges related to weapon offenses, and what happens if you violate these laws.
Illegal Weapons in Colorado
Colorado law prohibits the possession, sale, and use of certain weapons. Here’s a list of weapons that are illegal in the state:
- Machine Guns: Fully automatic firearms are illegal unless registered under the National Firearms Act.
- Short Shotguns: Shotguns with barrels less than 18 inches or overall length less than 26 inches.
- Short Rifles: Rifles with barrels less than 16 inches or overall length less than 26 inches.
- Silencers: Devices that muffle or silence the sound of a firearm are illegal unless registered under federal law.
- Ballistic Knives: Knives that can extend a blade by a spring or other force.
- Explosive Devices: Bombs, grenades, rockets, missiles or similar devices.
- Blackjack, Gas Gun and Metallic Knuckles: These are illegal because of their use in assaults and violent crimes.
Prohibited Use of Weapons (CRS 18-12-106)
Prohibited use of weapons in Colorado means various actions that are illegal and punishable under Colorado law. Some of these prohibited uses include:
- Discharging a Firearm Recklessly: Firing a gun in a way that could harm someone.
- Setting Traps or Spring Guns: Placing traps that could cause injury or death.
- Pointing a Gun at Someone: Even if not loaded, pointing a firearm at another person is illegal. (Note: This can also be charged as “felony menacing” if you use a weapon to threaten someone or place them in imminent fear of serious bodily injury. This can be a felony even if the weapon is fake)
- Possessing a Firearm While Intoxicated: It’s illegal to handle or possess a firearm while under the influence of alcohol or drugs.
- Unlawful Carrying of a Concealed Weapon: Carrying a concealed weapon without a permit.
These laws can result in misdemeanor or felony charges depending on the severity and circumstances of the offense.
Illegal Possession of Weapons
Illegal possession of weapons in Colorado means owning or having control of certain types of weapons that are illegal. This includes:
- Convicted Felons: Felons are prohibited from possessing firearms.
- Domestic Violence Offenders: Those with restraining orders or domestic violence convictions can’t own firearms.
- Minors: Generally, those under 18 can’t possess firearms, except for hunting and supervised activities.
- Non-citizens: Undocumented immigrants and non-immigrant visa holders can’t possess firearms.
Possession of a Weapon by a Previous Offender (POWPO) (CRS 18-12-108)
The POWPO law in Colorado is to prevent people with prior convictions from possessing firearms. The criteria includes:
- Previous Felony Convictions: Any person previously convicted of a felony can’t possess, use or carry a firearm.
- Specified Misdemeanors: Certain misdemeanors, especially those involving domestic violence or weapons offenses, also restrict firearm possession.
Penalties for POWPO violations are severe:
- Class 5 Felony: Possession of a firearm by a previous offender, 1 to 3 years in prison, and $100,000 fine.
- Class 6 Felony: Possession of other weapons by a previous offender, 1 to 1.5 years in prison, and $100,000 fine.
Being Drunk with a Gun
Colorado law prohibits having a firearm while under the influence of alcohol or drugs. This law is to prevent impaired people from making bad decisions with firearms. The penalties for this offense are:
- Class 2 Misdemeanor: Up to 1 year in jail and $1,000 fine.
- Additional Consequences: Loss of firearm rights, mandatory substance abuse counseling and increased penalties for repeat offenders.
Defending Against Weapons Charges
If you are charged with weapons in Colorado, you need to get legal help right away. An experienced criminal defense attorney can help you understand your rights and build a defense. Possible defenses may include:
- Challenging the Search and Seizure: If law enforcement violated your 4th Amendment rights, the evidence may be suppressed.
- Lack of Knowledge: Prove you didn’t know the weapon was there or illegal.
- Question the Charges: Investigate if the charges match the circumstances and evidence.
Conclusion
As you can see, Colorado’s weapons laws are complex and the penalties are severe. Whether it’s illegal possession of certain weapons, prohibited use or being drunk with a gun, the laws are strict. If you are charged with a weapons offense, you should consult with a criminal defense attorney who can navigate the laws and fight for you.
We offer free consultations on weapons cases in Colorado Springs and El Paso County Colorado. Give us a call at 719-227-0022 to speak with a Colorado defense lawyer.